The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-10-29

men of Y;nsp.s doruicile and the finding in his
runk of dynamite bombs precisely like the one
thrown.
Mr. Grnnell was interrupted at this point by
General Butler, VINO said he should want TO
.ross-examine him, IL 1t was competent for him
10 do
Mr. Grinnell-You shall have that privilege,
General.
Mr.. Grinnell, resuming, said that such seizure
was not a thing which this court could regulate.
IL h al said in the ker KIDNAPPING that IL was
not for this court TO determine bow he 1.-THE pris-
onerl got there. The court simply said Y GU
here" The things seized In the search or
these prisoners premises were there, and It
was not for the court to determine whether they
were legally there. The only question was.
"Are these things testimony" and that was not
an inquiry for this court. Forgery murder and
other crimes had to be proved, Mr. GrinneH
the ha nd of the assassin Guiieau was forcib.y
taken from him, and his papers. ii / remember
rightly, were overhauled. They we're there
that is. in the COURT. and 1t was nobodys ousl-
aess how they got there. That the search and
seizure in this case were unreasonable search
and seizure from the point OF view OF tho de-
sendants, I have no doubt"
In conclusion, Mr. Grinnell said: sit strikes
IS, from our stand point. that the foundation of
The Constitution is less likely to be impaired by
refusing to grant this writ than by granting It.
AT the conclusion of Mr. Grinnelis argument.
which had occupied less than half the time TO
which he entitled, General Butler rose and
bal0 that the lntrOO uctlen OF ali tDl5 new iu6t-
Ter referring to Mr. Grinnells recital of the
circumstances and results of the search and
seizures). which was not in the brief of counsel,
and which he ha- not seen anywhere in print.
would compel him to ask for more time than had
been allotted to him; that this extraneous mat
ter must be popular with the court or Its intro
duction would not be permitted.
The Chief Justice remarked that the court
could know whether these matters were IN
the record not. but they were stated by
the States attorney, the court must assume that
they were.
General Butler said be had not examined the
whole s. 900 pages. but he knew he could demon
strate that some portion OF TINS extraneous
in the record, and he must ask for more time to
sneak with reference to matters o: which he had
not before heard. He and his associates had been
taken by surprise, and the lives OF their clients
had thus been put in jeopardy.
MIR. Grinuel interrupfng, said that he under
stood the counsel on the other side to make a
mplaint to the court that there was an indica-
tion of unreasonable search and seizure. Their
printed brief showed that great many things
bad been seized. and he (Grnne) had simply
added that other things had also been seized.
lin other words, said Mr. Grinnell, 1--WE admit
the seizures. and we admit more seizures"
General Butler said that she would state the
points of contention, and IL he stated them
wrongly he wanted to be- corrected by any gen.
tleman who did not advocate the right to steal
men and to steal their papers"
After describing what happened previous to
the HAY market meeting, he said:
At that meeting bomb was thrown by some
body for some purpose, and there Ia not one
word in these eight thousand pages Of evidence
70 show that any one OF these men had anything
to do with throwing that bomb. There were but
two of these men within seventy rods OF that
meeting, and one had his wife aud two little
children in the very place almost where that bomb
was lighted. Its explosion killed a single police
man, and within few days all of these men were
arrested without warrant, committed to Jail and
held there without examination and without
process until they were indicted by grand jury.
And to describe a simple crime, If crime IL was,
- 80 l..Aw
OF sixty nine counts. During the trial the Judge
allowed questions to be- asked with regard to
conspiracy. although in all the counts of the in
dictment there was conspiracy alleged. He
said that he was ready to pledge himself that
there not single man of the jury selected
who had not said that he had frm-and some
of them enthusiastic-conviction. opinion
and prejudice against the defendants.
After q great deal of rambling talk about the
composition of the jury. dissatisfaction with the
record. lack of time for preparation. the SEN
fencing of the prisoners in their absence and
that of their counsel the injustice done them by
unreasonable search and seizure" ETC.. Gen.
Butler said that il all these things could be
done, "the question was to be debated whether
were overturned into anarchy than if IL were to
be carried on in this fashion. 81 have no fear,
this s question. have the indiyiduai.y pc of
being the only man In the United
States that condemned and executed men for
undertaking TO overturn the law There were
your honors. price was set on my head as
slough l were a wolf, and $50, 900 was offered to
any man that could capture me or murder me,
bv jefferson Davis and bis associates, and who
IL they were here at your bar, trying to ascertain
whether they should have an honest and a fair
trial for their great crimes and they called upon
neither lives in dsnger-I should hold il to be
my duty to stand here and do all that l might
to defend them. This is the chvalry of the law,
il understand it, and il don't. it is not OF
much consequence. for am quite easily and
quickly passing away"
After some further talk General Butler said
no agreed fully that the first ten amendments
power, and not restrictions of the rights of the
States The privileges and immunites." how
ever. claimed by these prisoners were privileges
inherent each one of the citizens OF the sew
eral States OF the United States. because in
vast majority were British subjects, aud had
certain privileges and immunities Inherited
under the common law and Magma Charta,
and among them and the most thor
ouehly known and defined were trial by
Jury for all high crimes, exemption from search
and seizure without warrant of law, protection
from self accusation when witness. and not to
be deprived of life. liberty, or property without
due process of law. We claim that all the
rights. privileges and inmunities that belonged
to British subject under Magma Charta belong
to each citizen of the United States, and that as
new citizens OF the United states we're made,
not citizens of States by naturalization, these
rights, privileges and INN uni ues came TO them
citizens of the United States. The effect OF
the fourteenth amendment was to guarantee
these rights, privileges anu lInInunlIies 10 tno
citizens of all the States. The words duo
process Of law" as contained the fourteenth
amendment and used to define
of these guaranteed rights, mean by the
law of the land" not the law of
= county province, or State, but the law OF
the Countrywide whole country. That is the
law Of the land, and was understood bv our fore
fathers as due process of law. Any other mean
ing given to 'due process of law it is used in
the fourteenth amendment would make It SIM
ply ridiculous and frivolous, because any State
may enact due process of law" according to
that State, bv which a mans life may be taken,
and from which not a single right or immunity
OF citizenship can protect him ANY law State
may make after the passage OF this amendment
FOR dealing with the rights of a citizen of the
United States becomes wholly imperative, be-
cause the 'law of the land" must forever remain
fixed as that moment. not TO be changed III
regard to its citizens without change of or
ganc law, and, for come purposes not to be even
so changed.
General Butler then proceeded to considera-
ton of the special aid peculiar questions raised